Robert Wone was stabbed to death 20 years ago.
The wife of D.C. attorney Robert Wone, who was found stabbed to death on Aug. 2, 2006, in the Dupont Circle area home of three gay men, has filed a complaint in court accusing two of the men of failing to make the payments they promised to make to settle a $20 million wrongful death lawsuit the wife filed against them in 2008.
The court filings in D.C. Superior Court in May of this year by Katherine Wone provide new details of the lawsuit settlement related to a 20-year-old murder case that observers have compared to a murder mystery novel involving three gay men and the fatal stabbing of their friend whose wife insists was straight.
Court records and D.C. police reports show that Robert Wone was said to have arrived at the townhouse of his long-time college friend Joe Price after spending all day and part of the night working late at his downtown office at Radio Free Asia.
Price, a gay rights attorney at that time associated with the LGBTQ group Equality Virginia, and his partner Victor Zaborsky and their housemate Dylan Ward – who were also friends of Wone – said later that they invited Wone to spend the night in their guest bedroom so he wouldn’t have to drive home to Oakton, Va., where he and his wife lived, before having to return to work in D.C. the next morning.
Court records show that later that night D.C. police responded to a 911 emergency call made by Zaborsky to the gay men’s house at 1509 Swann Street, N.W. and found Wone stabbed to death on what appeared to be a neatly arranged bed.
The three men told police they were certain an intruder entered the house and stabbed Wone while they were asleep in their bedrooms. But homicide detectives reported that the crime scene appeared to have been cleaned up and possible evidence tampered with.
After the investigation dragged on for more than two years, prosecutors obtained an indictment against the three men on charges of obstruction of justice, conspiracy to obstruct justice, and evidence tampering in connection with the Wone murder. No murder-related charges were brought, prompting legal observers to conclude that authorities didn’t have sufficient evidence to charge the men with murder.
But a detailed arrest affidavit filed and released at the time the charges were brought against the three gay men startled those who knew them and created a sensation in the surrounding community, especially the LGBTQ community.
Among other things, it said autopsy findings and physical evidence indicated that Wone had been restrained or immobilized by a paralytic drug before being stabbed. It said three stab wounds on Wone’s chest and abdomen were surgical in nature, with no indication that Wone moved or tried to defend himself while being stabbed.
In addition, the affidavit said the autopsy found needle marks on Wone’s body that were not made by emergency medical technicians that arrived on the scene and examined Wone.
At the advice of their attorneys, the three men chose to wave their right to a jury trial and requested that Superior Court Judge Lynn Leibovitz preside over the trial and render the verdict. Following testimony by expert witnesses on both sides, after the men chose not to testify, and dramatic closing arguments by prosecutors and the defense attorneys, the judge found the men not guilty on all three charges.
In a lengthy written verdict, she read from the bench, Leibovitz said while she believed there was significant evidence implicating the defendants, there continued to be reasonable doubt on all charges against them. However, she said she did find that prosecutors established beyond probable cause that Wone was not murdered by an intruder who entered the house while the three men were asleep.
“Nevertheless, after lengthy analysis of the evidence, I conclude that the government has failed to prove beyond a reasonable doubt the essential elements of obstruction of justice or evidence tampering,” Leibovitz said in delivering her verdict.
While greatly relieved by the not guilty verdict, Price, Zaborsky, and Ward were still facing a $20 million wrongful death lawsuit that Katherine Wone filed against them prior to their criminal trial. As the two sides prepared for a civil trial the defense team announced the three gay men would invoke their Fifth Amendment constitutional right to refuse to testify at the civil trial on grounds that their testimony could lead to self-incrimination.
Possibly because of that or other reasons, Katherine Wone announced that she and the three men had reached an out of court monetary settlement of the lawsuit, the terms of which would not be publicly disclosed.
In her recent court filings in May on behalf of the Estate of Robert Wone, which were filed against Price and Zaborsky but not against Ward, Katherine Wone charges the two men with failing to pay thousands of dollars as part of the settlement agreement. Separate complaints she filed against them disclose for the first time that Price had agreed to an $80,000 settlement amount in 2011 to be paid through monthly installments over the next 20 years.
The non-payment complaint filed against Zaborsky by Wone states that he had agreed to a settlement in 2011 of $66,000 also to be paid over 20 years in 240 monthly payments.
Although the initially filed $20 million lawsuit also named Dylan Ward as a defendant, court records do not show any complaint filing against Ward for nonpayment, leading some observers to speculate that Ward may have already paid the full sum of whatever amount Wone’s lawsuit sought from him.
The Washington Post has reported that court filings show that as of May 29 of this year, Price owed $56,893.75 and Zaborsky owed $31,753.75 in missed payments and bounced checks plus fees and interest.
The two complaints filed by Wone against the two men also state that the settlement agreement they signed allows the Wone estate to call for the “immediate” payment of the entire amount they agreed to pay if they default on their monthly payments.
Court records show that a “remote scheduling conference” before a debt collection judge was scheduled to take place in D.C. Superior Court on Sept. 22.
Price, Zaborsky, and Ward have declined to respond to press inquiries including inquiries from the Washington Blade regarding the criminal trial and lawsuit. The non-payment complaints filed by Katherine Wone show that Price’s current residence is in Ft. Lauderdale, Fla. and Zaborsky now resides in Tamarac, Fla.
News of the latest complaints filed against Price and Zaborsky for nonpayment of the lawsuit settlement payments was first reported on Aug. 2 by the website called Who Murdered Robert Wone, which was created by four gay men shortly after Wone’s 2006 murder.
“We’re left to wonder if the threesome, or whoever remains of it now, will ever come clean on what they know and may have done,” Craig Brownstein, one of the men who created the website stated in the Aug. 2 posting. “The optimists will hope for a confession of some sort, an explanation, the pessimists are convinced they’ll take their secrets to the grave,” Brownstein wrote. “Time will tell.”
The National LGBT Media Association represents 13 legacy publications in major markets across the country with a collective readership of more than 400K in print and more than 1 million + online. Learn more here: NationalLGBTMediaAssociation.com.
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